This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Allyne R. Ross denied a motion to suppress statements made during detention at a border crossing. Judge Ross also ruled on the admissibility of certain hearsay statements as present sense impressions and excited utterances. And Judge I. Leo Glasser held that, under the circumstances, a collective bargaining agreement did not give defendant company the right to compel arbitration of a sexual harassment claim.

‘Miranda’: Border Interview Not ‘Custodial’

In United States v. Hassan, 18 CR 603 (Nov. 1, 2019), Judge Ross declined to suppress the statements defendant made during his detention by Customs and Border Protection (CBP) agents on several occasions, where the restraints on him were not custodial and thus no Miranda warnings were required.